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Firjl   ParHmm\      LAWS  OF  TKF.  PROVINCE  OF  U?PL7l  vAKADA-      fl 
Third  SeJJio^.     j  34^  Geo.  3.  c.  ti.     ^.  Z>.   1794. 


w, 


AN    ACT 

TO  LAY  AND  COLLECT  A  DUTY  UPON  STILLS. 


HEREAS,  for  the  better  fupport  of  the  Government  of  this  Province,  it      f*«*»i 
is  expedient  to  increafe  the  Revenues   thereof;    We  Your  Majefty's  mod  dutiful 
and  Loyal  Subjefts,  the  Reprefentatives  of  the  People  of  the  Province  of  Upper 
Canada,  in  Aifembly  met,  do  moft  humbly  beieech  Your  Majefty  that  it  may  be 
enafted,  and  be  it  enafted  by  the  King's  moft  excellent  Majefty,  by  and  with  the 
advice  and   confent  of  the  Legiflative  Council  and  Affembly  of  the  Province  of 
Upper  Canada,  confiituted  and  affembled  by  virtue  of  and  under  the  authority  of 
an  Aft  paffed  in   the  Parliament  of  Great  Britain,  intituled,  "  An  Aft  to  repeal 
•'  certain  parts  of  an  Aft  paffed  in  the  fourteenth  year  of  His  Majefty's  Reign,  in- 
"  tituled,  "An  Aft  for  making  more  effe6iual  provifion  for  ths:  Government  of 
**  the  Province  of  Quebec,  in  North  America,  and  to  make  further  provifion  for 
"  the  Government  of  the  faid  Province,"  and  by  the  authority  of  the  lame,  That  Duty  to  be  pJ;a 
from  and  after  the  fifth  day  of   April  next,  there  (hall  be  railed,  levied,  collected  for  .every  gallon 
and  paid  yearly,   and  every  year,  unto  His  Majefty,   His  Heirs  and  Succeft'ors,  to  jS," V  «?i>i£ 
and  tor  the  ufe  of  this  Province,  and  towards  the  fupport  of  the  Civil  Government  of  contaiaing. 
thereof,  of  and  from  all  perfons  having  and  uling  a  Still  or  Stills,  or  hereatter  to 
have  and  ufe  a  Still  or  Stills,  for  the  purpofe  of  Diftilling  Spirituous  Liquors  for 
fale,  a  fum  not  exceeding  one  (hilling  and  three-pence,  lawful  money  of  this  Pro- 
vince, for  every  gallon  which  the  body  of  fuch  Still  ox  Stills  fhaU  or  may  be  capa- 
ble of  containing,  in  manner  herein  after  mentioned. 

II.  And  whereas  it  is  expedient  to  make  provifion  for  the  fervice  of  the  current     Proves  f<» 
year,  Be  it  enafted  by  the  authority  aforelaid,  That  the  faid  Duties  (hall  begin  and  the  current 
be  payable  for  the  feven  months,  which  will  elapfe  between  the  fifth  day  of  Sep-  rear*  to  det«"» 
tember,  and  the  fifth  day  of  April  next  enfuing  the  paffing  of  this  Aa,  to  be  paid  oine  ,a    p 

at  and  after  the  rate  of  feven- pence  halt-penny,  lawful  money  as  aforefaid,  pci 
gallon,  in  manner  herein  after  mentioned. 

III.  And  in  order  that  the  fize  of  the  feveral  Stills  to  be  employed  For  the  pur-    Method  of  &f- 
pofes  aforefaid,  may  be  more  truly  afcertained,  and  the  Duties  to  be  impofed  •«*»">"«*« 
thereon  more  eafily  collefted,  Be  it  enafted  by  the  authority  aforefaid,  That  from  »bteftiiis°.  "^ 
and  after  the  fifth  day  of  November  next,  it  fhaU  not  be  lawful  for  any  perfon  to 

make  ufe  of  any  Still  or  Stills,  for  Diftilling  Spirituous  Liquors   for  fale,  until 
be  fhall  have  obtained  a  Licence  for  that  purpofe  ;    and  every  perfon  defirous  of 
obtaining  fuch  a  Licence,  (hall,  in  a  written  requifition  for  the  fame,  to  be  made 
in  manner  hereafter  mentioned,  fpecify  and  fet  torth  the  number  of  gallons  which 
the  body  of  the  Still  or  Stills  he  propofes  to  ufe,  does  or  do  contain,  which  fpe- 
cification  fhaU  be  inferted  in  the  Licence  to  bim  to  be  granted  ;    And  in  cafe  any      pe»*!rf  for 
perfon  fhaU  make  ufe  of  any  Still  for  the  purpofe  ot  Diftilling  Spirits  tor  fale,  ufmg  or  having 
without  having  obtained  fuch  Licence,  or  fhall  make  ufe  of  any  Still  or  Stills  for  j" a  f""alia"  '• 
the  purpofe  of  Diflilung  Spirits,  of  larger  dimenfions  than  that  or  thofe  (pecifird  ofurgerdiimw! 
in  his  Licence  or  requifition,  or  (hall  have  in  his  pofiefiion  any  Still  or  Stills  erect-  Com  than  fpe- 
ed  or  fet  up  over  a  Furnace  or  Fire-place,  fo  as  the  lame  may  be  ufed  tor  Drilling,  citied  io  &*  li» 
capable  of  containing  fingiy  or  together  a  greater  number  of  gallons  us  the  body  <CBSSa 
or  budies  thereof,  than  the  number  of  gallons  (pecified  and  fet  ioitb  in  bu  Licence 


A  JOHN  GRAVES  SIMCOE  Esquire,  Lieutenant  Governor. 

Thirty-Fourth  George  the  Third.       c.  n.     A.  D.  1794. 

or  rcquifition,  and  be  thereof  lawfully  convifted  by  confeffion,  or  on  the  oath  cl- 
one credible  witnefs,  before  any  of  His  Majefty*s  Juftices  of  the  Peace,  he  (hall 
forfeit  and  pay  for  every  fuch  offence  the  fum  of  ten  pounds,  lawful  money  as 
aforelaid,  to  be  levied  by  diftrefs  and  fale  of  the  offenders  goods  and  chattels,  one 
half  of  which  faid  fum  of  ten  pounds  fhall  be  given  to  the  perfon  or  perfons  in- 
forming, and  the  other  half  paid  into  the  hands  of  His  Majefty's  Receiver  General, 
to  and  for  the  public  ufes  of  this  Province  ;  and  that  the  Still  or  Stills  fo  employ- 
ed fhall  be  forfeited  to  His  Majefty,  and  that  the  party  having  ufed  the  fame,  fhall 
be  incapable  of  obtaining  a  Licence  for  the  purpofe  of  Diftilling  Spirituous  Li- 
quors for  fale,  for  and  during  the  term  of  three  yeais. 

IV.  And  be  it  further  EnaEUd  by  the  Authority  aforefaid,  That  the  Secretary  of  the 
aaSSTy  fce  Province  for  the  time  being,  mall  and  may  by  himfelf  and  Agents  for  that  pur- 
Secraary.  pofe  to  be  duly  appointed  in  each  and  every  Diftrift  of  this  Province,  ifTue  all  Li- 

cences for  the  purpofes  above  mentioned,  upon  fuch  requifition  as  aforelaid,  which 
may  be  in  the  following  form  : 

form  of  re<pi-  u  I  H.  B.  do  require  a  Licence  for  ufing  a  Still,  the  body  of  which  is  capable 

Ejtion  for  iu«l»  •«  of  containing  gallons,  and  no  more  (and  in  cafe  more  than  one  Still 

Ji'-CBce''  ««  is  intended  to  be  ufed)  and  alfo  for  another   Still,  the  body  of  which  is 

"  capable  of  containing  gallons,  and  no  more,    for  the  year  enfuing. 

"  the  fifth  day  of  April  next,  as  witnefs  my  Hand  H.  B.  this 

"  day  of 

f*  To  the  Secretary  of  the  Province  of  Upper  Canada, 

"  or  his  Agent  for  the  Diftrict." 

Suefc  re<iuifl-       ^*  And  he-it  further  EnaSled,  That  every  fuch  requifition,   figned  by  the  party  as 

'•oiM  tobe 'hied,  atorefaid,  fhall  be  carefully  filed  and  preferved  by  the  faid  Secretary,  or  his  refpec- 

*  copies  thereof  t,jvc  Agent  duly  appointed,  (which  appointment  fhall  by  the  faid  Secretary  be  pub- 

ffi«d.  "^   lic!y  notified  in  the  Upper  Canada  Gazette)  and  the  laid  Secretary  and  each  of  his 

'  faid  Agents  fhall,  upon  application  to  any  of  them  for  that  purpofe  made,  grant 

to  every  perfon  defiring  the  lame,  a  true  copy  of  any  fuel]  requifition  filed  in  his 

office,  on  payment  of  one  (hilling  by  the  party  applying  for  the  fame,  which  copy 

{hall  be  figned  by  the  faid  Secretary  or  his  Agent,  and  ihall  be  held  and  taken  as 

lawful  evidence  of  fuch  requifition  or  Licence,  for  all  purpofes  whatever. 

Time  of  apply.       VI.  And  be  it  further  Enabled  by  the  Authority  aforefald,  That  all  perfons  defirous  of 

m>j  for  licences,   obtaining  fuch  Licence  as  aforelaid,  (hall  make  fuch  application  as  herein  before 

is  fet  forth,  fo  that  they  may   be  iupplied  with   the  lame,  on  or  before  the  fifth 

day  of  September  next  enfuing,  and  to  the  end  that  the  public  may  be  informed 

where  to  apply  for  fuch  purpofe  ;  the  Secretary  of  the  Province  fhall  and  is  hereby 

LuWiTe"CbiC<th0  re9uirc<*  to  g,ve  notice  in  the  Upper  Canada  Gazette,  or  otherwife,  at  leaft  fix 

secretary/1  '   weeks  next  before  the  faid  fifth  day  of  September,  and  hereafter  yearly  and  every 

year  at  leaft  one  month  before  the  fifth  day  of  April,  fetting  forth  at  what  place 

and  by  whom  fuch  Licences  are  to  be  ilfued  in  every  Diftrift  in  this  Province  ;  and 

alto  the  penalties  to  be  incurred  by  fuch  perfons  as  fhall  r-efufe  or  negjeft  to  com- 

Do*y  for  the  ply  with  the  provifions  herein  contained,  and  the  faid  Secretary,  and  his  Agents 

«urrem  feve»    in  their  refpeetive  Difirift,  ihall  upon  fuch  requifition  as  aforefaid,  make  out  and 

month*.  deliver  to  every  perfon  applying  for  the  fame,  upon  payment  of  the  fum  of  feven- 

pence  half-penny  per  gallon  as  herein  before  mentioned,  3  Licence  for  the  purpofe 

of  Diftilling  Spirituous  Liquors  for  a  period  of  (even  months,  which  ihall  expire 

on  the  fifth  day  of  April  next. 


firfl  Parliamenl.        Thirty.Fourth  George  the  Third,        C.  u,      A.  D.  1794.        9 

VII.  And  be  it  further  EnaBed  by  the  Authority  aforefaid,  That  all  Licences  to  be  Duty  for  ererj 
granted  for  the  purpofes  aforefaid,  after  the  (aid  fifth  day  of  April  next,  (hall  be  enfums  >'eafv 
dated  on  the  fixth  day  of  April  in  the  year  in  which  they  are  iflued,  and  (lull  ex- 
pire on  the  fifth  day  of  April  next  enfuing  the  date  thereof,  and  that  it  fhall  and 
may  be  lawful  for  the  faid  Secretary  or  his  Agents  to  demand  and  receive  from  every 
perfon  requiring  fuch  Licence,  the  (urn  of  one  (hilling  and  three-pence  for  every 
gallon  which  the  body  of  the  Still  or  Si  ills  fo  Licenced  (hall  be  capable  of  contain- 
ing according  to  the  Ipecification  in  the  laid  Licence  contained. 

VHI.  And  be  it  further  Enabled  by  the  Authority  aforefaid,  That  ir  fhall  and  may  be         ?w 
lawful  for  the  faid  Secretary  and  each  of  his  Agents  leveralby,  to  demand  and  take 
the  (urn  of  two  (hillings  and  fix-pence,  and  no  more,  as  his  fee  upon,  the  ilTuing  of 
•very  fuch  Licence  as  aforefaid. 


Stills  contain; -.J 


IX.  And  be  it  further  Enafled  by  the  Authority  aforefaid,  That  it  fhall  not  be  lawful 
for  the  faid  Secretary  or  any  of  his  Agents,  to  grant  a  Licence  for  the  working  of  fefs'thaii  xo-gai 
any  Still,  unlefs  the  body  thereof  be  capable  of  containing  at  lead  ten  gallons  Ionsi  "ot  t0  b» 
wine  meafure,  and  if  any  perfon  (hall  ufe  a  Still  for  the  Diftilling  of  Spiiituous  S"0^  d^ 
Liquors  for  fale,  the  body  of  which  is  not  capable  ot  containing  fen  gallons,  and  faie. 

be  thereof  lawfully  convifted,  by  confeffion,  or  by  the  oath  of  one  credible  wit- 
nefs,  before  any  one  of  His  Majefty's  Juftices  of  the  Peace,  he  dial!  forfeit  and  Penalty. 
pay  for  every  fuch  offence  the  lum  of  ten  pounds,  one  half  of  v.hich  (hall  be  paid 
Co  the  informer,  and  the  other  half  into  the  hands  of  His  Mijefty's  Receiver  Gene- 
ral, to  and  for  the  public  u-fea  ot  this  Province*,  and  the  fupport  of  the  Govern- 
ment thereof. 

X.  And  in  order  to  prevent  fraud  in  the  matters  aforefaid,  Be  it  enafted  by  the  Seirch     m 
authority  aforefaid,  That  it  fhall  and  may  be  lawful  for  any  of  H;s  Majefry's  Juf-  to beV^i'eTea 
tices  of  the  Peace,  upon  oath  firft  to  be  made  by  any  credible  peiion,  that  fuch  affidavit 
perfon  has  good  reafon  to  believe  that  the  Still  ot  Stills  employed  by  any  Licenced 

perfon,  doe9  or  do  contain  a  greater  number  of  gallons  in  the  body  or  bodies 
thereof,  than  what  is  fpecified  in  his  requifition  or  Licence,  to  grant  a  Search 
Warrant  to  a  Peace  Officer ;  taking  with  him  the  parly  making  oath  as  aforefaid, 
and  any  one  othei  perfon,  for  the  purpole  of  examining  the  Still  Houfe  or  other 
place  where  any  Still  or  Stills  may  be  let  up,  and  of  rneafuring  or  gauging  the  bo- 
dies thereof :  Provided  always,  that  no  fuch  Warrant  be  executed  before  Sun-rife, 
or  after  Sun- fet. 


XI.  And  be  it  further  Enaiied  by  the  Authority  aforefaid,  That  it  fhall  not  be  lawful  Diftiiier«< 
for  any  perfon  working  any  Licenced  Still  or  Stills  as  afoiefaid,  to  fell  or  barter  J^1,  *I0*t0  ** 
any  quantity  of  fuch  Diflilled  Liquors  lefs  than  three  gallons,  nor  fhall  it  be  law-  u"""  °  *°* 
ful  for  the  Secretary  of  the  Province  or  any  of  his.  Agents,  to  grant  a  Licence  for 

the  purpofe  of  Diftilling  Spirituous  Liquors,  to  any  perfon  or  perfons  Licenced  at 
the  fame  time  to  retail  Spirituous  Liquors,  or  to  grant  a  Licence  for  retailing  Spi- 
iituous Liquors,  to  any  perfon  or  perfons  Licenced  at  the  fame  time  to  Diitill  Spi- 
iituous Liquors. 

XII.  And  be  it  further  Enatttd  by  tkt  Authority  aforefaidt  That  all  tnoniei  which  payraest  of  «» 
(hall  be  received  by  the  Secretary  of  the  Province  or  his  Agents,  under  and  by  reoniti  into  th» 
virtue  of  this  Act,  for  Licences,  to  commence  on  the  fiitb  day  of  September  next,  h»nds  of  *h* 
{hall  be  paid  by  the  Secretary  into  the  hands  of  the  Receiver  General  of  this  Pro-  *£*""**»* 
vince,  on  or  before  the  twentieth  day  of  May  and  that  all  monies  hereafter 

to  be  received  by  vatue  of  this  A&,  for  Licences,  to  commence  on  the  fixth  day 
oi  April,  {hall  be  faid  ip  to  the  faid  Receiver  General  on  or  before  the  twenty 


4      Firfl  Parliaments       LAWS  OF  THE  PROVINCE  OP  UPPER  CANADA, 
Third  SeJJion.     J  34^  Geo,  3.  c.  n.    A.  D.  1794. 

firft  day  of  June  next  enfuing,  and  that  all  monies  that  may  be  teceived  by  virttt£ 
of  this  Aft  after  the  faid  twenty-firR  day  of  June  in  each  and  every  year  fuccef- 
fively,  be  paid  in  to  the  Receiver  General,  on  or  before  the  fifth  day  cf  April 
next  enfuing. 

Poundaseofthe       XIII.  And  be  it  further  Ena8ed  by  the  Authority  oforejaid,  That  it  fhall  and  may  hi 

Receiver  Gene,  lawful  to  and  for  the  Receiver  General,  as  Treafurer  of  this  Province,  to  deduil 

from  and  out  of  the  feveral  fums  of  money  to  him  paid  by  the  Secretary  of  the 

Province,  under  and  by  virtue  of  this  Act,  the  ium  of  three  pounds,  for  etery 

hundred  pounds  by  him  received  as  aforefaid. 

Accounting  of       XIV*  Ani  be  if  Mther  Enatied  by  the  Authority  aforefaid,  That  all  the  fines,  forfei- 
»onies.  tures  and  penalties  that  fhall  be  incurred  under  this  Act,  fhall  be  accounted  for  to 

HisMajefty,  through  the  Commiffioners  of  His  Majefly's  Treafury  fo»  the  that 
being,  in  iuch  manner  and  form  as  His  Majefty  fhall  direel.